Senate Democrats Try to Reverse G.O.P. Coup

Pedro Espada Jr., one of the Democrats behind a tumultuous coup that shifted control of the New York State Senate to Republicans, spoke to reporters on Tuesday.Credit
Nathaniel Brooks for The New York Times

ALBANY — Still reeling from a sudden revolt a day earlier that shifted control of the New York State Senate to Republicans, Democrats huddled behind closed doors in the Capitol on Tuesday morning, seeking a legal path to help them block the power grab.

But it was far from clear whether they would be able to keep Republicans from assuming control of the Senate, or even whether they would be able to keep more members from defecting and further cementing the new Republican majority.

“We have to maintain unity within our conference,” said Senator José M. Serrano, who represents parts of Harlem and the Bronx. “This is a real test for us, and this is the time when we show what we’re made of. I think there’s a lot of anger at what took place yesterday on the floor, but I think it’s important that we channel that to stay as unified as possible within the conference.”

“We were blindsided,” he added.

Throughout Tuesday morning, stunned Democrats continued to insist that they were still the party in control of the Senate, and that Malcolm A. Smith — only five months into his role as head of the Senate majority — was still their leader. The standoff had grown so tense that the secretary of the Senate — a position appointed by the Democratic conference — was refusing to hand over the keys to the Senate chamber to the Republicans. The Republican leadership called for the secretary’s resignation, and vowed to hold Wednesday’s session, whether in another room or in a park.

But as Senate Democrats contemplated legal maneuvers and refused to cede power, Gov. David A. Paterson told reporters who gathered in the sprawling Capitol complex here on Tuesday that he had no intention of personally involving himself in the dispute — legally or otherwise. The governor, who on Monday called Albany a “dysfunctional wreck,” said that he had no plans to meet with either Senator Dean G. Skelos, the Republican leader, or the newly defected Democrats who joined ranks with the Republicans.

“I’m not going to interfere,” Mr. Paterson said. “We recognize that Senator Smith is majority leader until such time that all parties in the Senate agree that he is not. There’s dispute over how the transfers of power did or did not take place. They have to resolve that.”

With the Senate leadership in flux and the line of succession to the governor’s office unclear, Mr. Paterson added that he would not be traveling out of state anytime soon.

“If there’s any type of misunderstanding or issue of who is next in charge,” he said, “I would think the best thing for me to do is stay here.”

The coup on Monday was prompted by two dissident Democrats — Pedro Espada Jr. of the Bronx and Hiram Monserrate of Queens — who had been secretly strategizing with Republicans for weeks. The two bucked their party’s leaders and joined with 30 Republican senators to form what they said would be a bipartisan power-sharing deal. But the arrangement effectively re-establishes Republican control.

The change upends the agenda in Albany, where Democrats had assumed power in the Senate in January, with 32 seats, after more than 40 years in the minority. Democrats were pushing bills to give tenants more rights, strengthen abortion rights and legalize same-sex marriage this session. And the move underscores the continuing tumult of New York politics, where there have been three governors in less than three years and four Senate presidents since last summer.

Democratic leaders were caught off guard as the Republicans and their two new allies moved to topple them, and at one point became so flustered that they turned out the lights in the Senate chamber to try to prevent Republicans from installing new leaders.

Asked by a reporter what was occurring just moments after the announcement, Senator Smith, who was huddled in the hall with his staff, responded, “I’m trying to find out right now.”

A spokesman for Mr. Smith, who lost the titles of majority leader and Senate president in the shakeup, issued a statement later saying that Democrats would challenge the vote, but it was not clear that they had grounds to do so.

The toppling of Democratic control unfolded in swift and stunning fashion shortly after 3 p.m. as senators gathered in the lofty oaken chamber for what seemed like small-bore legislative action on an uneventful afternoon.

Then, Senator Tom Libous, a Binghamton Republican, offered a resolution to reorganize the Senate leadership, a parliamentary maneuver that captured the entire Capitol’s attention. Within minutes, reporters, staff members and Assembly members rushed to the Senate, crowding the chamber floor.

Democrats tried to stall the move, storming from the chamber and turning out the lights, but the Republicans continued the session as the two Democrats joined with them to elect new leaders.

Quickly and without a numerical majority, Dean G. Skelos, a Long Island Republican, reclaimed the title of Senate majority leader. Mr. Espada was made Senate president.

Both Mr. Espada and Mr. Monserrate said they would remain Democrats even as they work with Republicans to run the Senate.

Each man has legal troubles. Highlighting the often elastic nature of ethical stands and alliances in Albany, Republicans who earlier this year were calling on Mr. Monserrate to resign after his indictment on felony charges that he stabbed his companion with a broken glass are now welcoming him as part of their power-sharing coalition.

Asked about the reversal, Mr. Skelos said, “He’s an elected member, and the reforms are more important.”

Mr. Espada has been fined tens of thousands of dollars over several years for flouting state law by not disclosing political contributions.

The state attorney general’s office is also investigating the Soundview HealthCare Network, a nonprofit organization that Mr. Espada ran until recently.

The new leadership structure means that Mr. Espada would become governor if Governor Paterson were incapacitated.

Mr. Espada, who is the first Latino Senate president, called his ascension “a sobering moment.” He predicted that other Democrats would decide to join the coalition, saying there was broad frustration with Mr. Smith’s leadership.

“Frustration was obviously building,” he said in an interview later. “There was little prospect for change on a number of fronts. We experienced five months of the budget process, and the absolute lack of transparency and the hypocrisy and the rhetoric grew too much for me.”

But money also played a part. Mr. Espada said he was angered that a top aide to Mr. Smith had threatened to hold up his legislative earmarks, known as member items.

Mr. Smith, at a news conference Monday night, argued that the Senate had adjourned when the Republicans took power —both sides argued the procedural fine points of what took place — and insisted that “the Senate majority is still in Democratic hands.”

“I’m not going to have this institution, which is a very proud institution, be demeaned in a manner like this,” Mr. Smith said. But Mr. Smith’s support appeared shaky; at least half a dozen Democrats did not attend his news conference.

After installing their leaders, Republicans enacted a series of rules changes, including six-year term limits for the president and majority leader, steps to equalize the budgets of the majority and minority parties and mandating that pork barrel projects would be distributed equally among members of both parties.

The changes were pushed by Tom Golisano, the Rochester billionaire who spent heavily in the 2008 Senate election to elect members he believed were committed to a more open Albany. But he felt betrayed that Senate Democrats did not act more boldly when they took over in January.

Mr. Skelos said his legislative priorities would include resolving whether Mayor Michael R. Bloomberg could retain control over the New York City school system, reforming property taxes and reissuing property tax rebate checks that had been eliminated by Governor Paterson and lawmakers in budget negotiations earlier this year.

He said he had not discussed with Mr. Espada whether they would bring the same-sex marriage bill to a vote.

Mr. Skelos has said he opposes same-sex marriage, but Mr. Espada is one of the co-sponsors of the legislation, which has been one of the most closely watched issues this session.

Republicans almost kept control of the Senate after the November election by courting Mr. Espada and two other dissident Democrats, Carl Kruger of Brooklyn and Rubén Díaz Sr. of the Bronx. Neither man left the chamber with the other Democrats on Monday while Republicans took power.

Mr. Kruger was noncommittal when he was asked if he would consider joining Mr. Espada.

“It’s very early to talk about that right now,” he said. “Everybody has to take a deep breath.”

Mr. Golisano, who played a central role in brokering the deal, recently announced that he was moving his legal residence to Florida out of anger about the budget deal hammered out in April by Democratic leaders in Albany, which included an increase in taxes on high earners.

Appearing at a news conference with Mr. Skelos and Mr. Espada, he said talks had been under way for several weeks.

“We went to work about 60 days ago,” he said.

The shakeup most likely means that Republicans will take over the chairmanships of most of the Senate’s committees. Staff members, whose jobs often depend on which party is in power, were trying to assess the impact of the switch Monday night.